Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentencing Quantum of punishment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sentence / Sentencing – Quantum of punishment – Appellant convicted by trial court u/s.304(II) IPC and sentenced to undergo rigorous imprisonment for ten years – Conviction and sentence confirmed by High Court – Issue before Supreme Court limited to quantum of punishment – Held: With regard to quantum of sentence, it all depends on background facts of the case, antecedents of the accused, whether the assault was pre-meditated and pre-planned or not, etc. – In the present case, there was a dispute with regard to pathway, which the complainant’s family members were claiming from the land of the accused – The incident occurred in front of the house of the accused and when the female family members of the accused were assaulted, the appellant in retaliation seems to have assaulted the family members of the complainant – Trial Court itself recorded that the de facto complainant’s family members were the aggressors and they tried to disturb the peaceful possession of the accused from their land – The same was not questioned either by the State or by the complainant – It was also clearly held by the Trial Court that it was not a premeditated or pre-planned incident and happened during a sudden quarrel – Findings recorded by Trial Court have become final – Fit case to modify the sentence, to meet the ends of justice – Sentence imposed on appellant modified to two years’ rigorous imprisonment – IPC – s.304(II). |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 915 |
Petitioner | Govindan |
Respondent | State Represented By The Deputy Superintendent Of Police |
SCR | [2021] 9 S.C.R. 515 |
Judgement Date | 2021-12-17 |
Case Number | 1665 |
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